Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 243

Code: Section 243 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Explanation:

This section deals with the trial of multiple offenses committed in a single transaction or arising from the same set of acts. It outlines the circumstances under which a person can be charged and tried for multiple offenses at a single trial.

Illustrations:

Subsection (1):

• (a) A rescues B, who is in lawful custody, and in doing so causes grievous hurt to C, a constable. A can be charged and convicted of offenses under sections 261 and 119 of BNSS.
• (b) A commits house-breaking with intent to commit adultery and then commits adultery. A can be separately charged and convicted of offenses under section 330 of BNSS.
• (c) A entices B, C’s wife, with intent to commit adultery and then commits adultery. A can be separately charged and convicted of offenses under section 83 of BNSS.
• (d) A possesses counterfeit seals intending to use them for forgery. A can be separately charged and convicted for possession of each seal under section 339 of BNSS.
• (e) A institutes a criminal proceeding against B without just cause and also falsely accuses him of an offense. A can be separately charged and convicted of two offenses under section 246 of BNSS.
• (f) A falsely accuses B and gives false evidence against him intending to cause his conviction of a capital offense. A can be separately charged and convicted of offenses under sections 246 and 228 of BNSS.
• (g) A, along with others, commits rioting, grievous hurt, and assaults a public servant. A can be separately charged and convicted of offenses under sections 189, 115, and 193 of BNSS.
• (h) A threatens B, C, and D with injury, intending to cause alarm. A can be separately charged and convicted of each of the three offenses under section 309 of BNSS.

Subsection (3):

• (i) A wrongfully strikes B with a cane. A can be separately charged and convicted of offenses under sections 129 and 113 of BNSS.
• (j) A and B receive stolen property and assist in concealing it. A and B can be separately charged and convicted of offenses under section 315 of BNSS.
• (k) A exposes her child, knowing it is likely to cause death, and the child dies. A can be separately charged and convicted of offenses under sections 91 and 103 of BNSS.
• (l) A uses a forged document as evidence to convict a public servant. A can be separately charged and convicted of offenses under sections 338 (read with section 466) and 196 of BNSS.

Subsection (4):

• (m) A commits robbery and causes hurt to the victim. A can be separately charged and convicted of offenses under sections 323, 392, and 394 of BNSS.

Common Questions and Answers:

Q: What is the purpose of this section?

A: This section aims to ensure efficiency in the judicial process by allowing multiple offenses arising from the same transaction or set of acts to be tried together, avoiding separate trials.

Q: When can multiple offenses be tried together?

A: Multiple offenses can be tried together if they are committed in one series of acts forming the same transaction or if the acts constitute offenses under multiple legal definitions or if they constitute a different offense when combined.

Q: Does this section affect the provisions of Section 12 of BNSS?

A: No, this section does not affect the provisions of Section 12 of BNSS.